ELR Citation: 52 ELR 20003
No(s). CIV-21-719-F (W.D. Okla. Dec 22, 2021) (Friot, J.)

A district court denied Oklahoma's motion for preliminary injunction in a lawsuit concerning OSM's decision to strip the state of its regulatory authority over surface mining on the Muscogee (Creek) Nation's reservation. Oklahoma sought to enjoin OSM from enforcing its decision, arguing that the state had jurisdiction under SMCRA over surface coal mining and reclamation activities on the reservation. The court disagreed, finding that the plain language of SMCRA excluded Indian lands from state regulation. It therefore denied Oklahoma's motion for preliminary injunction.